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IMMI 18/102 Arrangements as amended, taking into account amendments up to Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018
Administered by: Home Affairs
Registered 14 Nov 2018
Start Date 01 Nov 2018
Date of repeal 17 Nov 2018
Repealed by Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018
Table of contents.

 

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018

made under subregulation 2.07(5), paragraph 1224A(3)(a) of Schedule 1, subparagraph 1224A(3)(b)(iii) of Schedule 1, subitem 1225(5) of Schedule 1, subclause 417.211(2) of Schedule 2, paragraph 462.212(b) of Schedule 2 and paragraph 462.221(c) of Schedule 2 of the Migration Regulations 1994

Compilation No. 1

Compilation date:                              1 November 2018

Includes amendments up to:            F2018L01507

 

 

 

 

 

 

 

 

Prepared by the Department of Home Affairs

About this compilation

 

This compilation

This is a compilation of the Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018 that shows the text of the law as amended and in force on 01/11/2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  


Contents

 

Part 1—Preliminary                                                                                                     1

1  Name........................................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

5  Definitions................................................................................................................................ 1

Part 2—Arrangements for Work and Holiday and Working Holiday Visa Applications         2

6  Work and Holiday (Temporary) (Class US) visa..................................................................... 2

7  Subclass 462 – Work and Holiday........................................................................................... 3

Schedule 1— Work and Holiday (Temporary) (Class US) (place, manner and form for making an application)                                                                                              4

Schedule 2 – Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) Visa (specified countries, educational qualifications and age requirements)     6

Endnotes                                                                                                                      13

Endnote 1—About the endnotes                                                                            13

Endnote 2—Abbreviation key                                                                               14

Endnote 3—Legislation history                                                                            15

Endnote 4—Amendment history                                                                           16

 

 

 

 

 


Part 1—Preliminary

1  Name

(1)     This instrument is the Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018.

(2)     This instrument may be cited as IMMI 18/102.

3  Authority

This instrument is made under the following provisions of the Regulations:

(a)    subregulation 2.07(5);

(b)   paragraph 1224A(3)(a) of Schedule 1;

(c)    subparagraph 1224A(3)(b)(iii) of Schedule 1;

(d)   subitem 1225(5) of Schedule 1;

(e)    subclause 417.211(2) of Schedule 2;

(f)    paragraph 462.212(b) of Schedule 2;

(g)    paragraph 462.221(c) of Schedule 2.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

In this instrument:

authorising email means an email authorising the applicant to make an application in a different place or a different manner.

Regulations means the Migration Regulations 1994.


 

Part 2—Arrangements for Work and Holiday and Working Holiday Visa Applications

Work and Holiday (Temporary) (Class US) visa

             (1)  This section and Schedules 1 and 2 specify the requirements for making an application for a Work and Holiday (Temporary) (Class US) visa.

             (2)  For the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the foreign countries are specified in Column 1 of the table in Schedule 2.

             (3)  For the purposes of paragraph 1224A(3)(aa) of Schedule 1 to the Regulations, the place and manner for making an application is specified:

(a) in Column C of the table in Schedule 1, corresponding with the applicant’s circumstances set out in Column A of the table in Schedule 1; and

                     (b)  in Column 3 or Column 4 of the table in Schedule 2, where Column C of the table in Schedule 1 makes reference to those Columns; and

                     (c) in subsection (3A), where Column C of the table in Schedule 1 allows an officer of the Department to send an authorising email.

              (3A) If an officer of the Department has sent an authorising email to the applicant, the applicant may make an application by:

(a)    using approved form 1208; and

(b)   attaching a copy of the authorising email; and

(c)    by the end of the next day after which the authorising email was sent (AEST or AEDST as applicable to the date on which the authorising email was sent) – submitting the application in accordance with the directions in the authorising email.

             (4)  For the purposes of subitem 1224A(1) of Schedule 1 to the Regulations, the approved forms are specified in Column B of the table in Schedule 1, corresponding with the applicant’s circumstances set out in Column A of the table in Schedule 1.

             (5)  For the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations, a person who holds a valid passport issued by one of the following foreign countries is a member of a class of persons who are not required to provide evidence of government support for grant of the visa:

                        (a) the People’s Republic of China;

                        (b) the United States of America;

                        (c) the State of Israel;

                        (d) Singapore;

                        (e) Argentina.

7  Subclass 462 – Work and Holiday

             (1)  For the purposes of paragraph 462.221(c) of Schedule 2 to the Regulations, the table in Schedule 2 specifies:

                     (a)  in Column 2, the educational qualifications; and

                     (b)  in Column 1, the corresponding foreign country.

             (2)  For the purposes of paragraph 462.212(b) of Schedule 2 to the Regulations and 1224A(3)(a) of Schedule 1 to the Regulations, the table in Schedule 2 specifies:

                     (a)  in Column 5, the younger age, if any, that the applicant must be no more than; and 

                     (b)  in Column 1, the corresponding foreign country that issued the passport.


 

Schedule 1— Work and Holiday (Temporary) (Class US) (place, manner and form for making an application)

 

Item

COLUMN A

Applicant’s circumstances

COLUMN B

Form

COLUMN C

Place and Manner

1

An applicant who:

(a)    is, or has previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and

(b)   holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2.

1208 (Internet);

 

or

 

If authorised by an officer of the Department: 1208

Application must be made:

(a)  as an Internet application; or

(b) if an officer of the Department has sent an authorising email to the applicant – in accordance with subsection 6(3A).

2

An applicant who:

(a)    is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and

(b)   holds a valid passport issued by any of the following foreign countries:

(a)    Argentina;

(b)   Slovak Republic;

(c)    Spain;

(d)   United States of America;

(e)    Uruguay.

1208 (Internet);

 

or

 

If authorised by an officer of the Department: 1208

Application must be made:

(a)  as an Internet application; or

(b) if an officer of the Department has sent an authorising email to the applicant – in accordance subsection 6(3A).

3

An applicant who:

(a)    is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and

(b)   holds a valid passport issued by either of the following foreign countries:

(i)                 the People’s Republic of China;

(ii)               Singapore.

1208

Application must be made by appointment and in person at an address specified in column 4 of the table in Schedule 2 for the corresponding country.

4

An applicant:

(a)    who is not, and has not previously been, in Australia as the holder of a Class US (Work and Holiday (Temporary)) visa; and

(b)   who holds a valid passport issued by a foreign country specified in Column 1 of the table in Schedule 2; and

(c)    to whom item 2 of this table does not apply.

1208

Applications must be made at the addresses, specified in Column 3 or Column 4 of the table in Schedule 2 for the corresponding foreign country.

 


 

Schedule 2 – Work and Holiday (Temporary) (Class US) and Subclass 462 (Work and Holiday) Visa (specified countries, educational qualifications and age requirements)

 

Item 

COLUMN 1

Foreign Countries

COLUMN 2

Educational Qualification the applicant must hold:

Place and manner

COLUMN 5

Maximum

Age

COLUMN 3

Postal address

COLUMN 4

Street address

1

Argentina

1.     tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Not applicable

Not applicable

30

2

Austria

1.       tertiary qualifications; or

2.       has successfully completed at least two years of undergraduate university study

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

3

Chile

1.     tertiary qualification; or

2.   has satisfactorily completed, or have been approved to undertake a third year of undergraduate university study.

Australian Embassy,

Isidora Goyenechea

3621 Torre – B,

Piso 12

Las Condes

SANTIAGO DE CHILE

Australian Embassy,

Isidora Goyenechea

3621 Torre – B, Piso 12

Las Condes

SANTIAGO DE CHILE

30

4

Czech Republic

1.       tertiary qualifications; or

2.       has successfully completed at least two years of undergraduate university study

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

5

Hungary

1.     tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

6

Indonesia

1.     tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy,

Jalan H. R. Rasuna Said

Kav C15-16 (Kuningan)

Jakarta Selatan  12940 

INDONESIA

Australian Embassy,

Jalan H. R. Rasuna Said

Kav C15-16 (Kuningan)

Jakarta Selatan  12940 

INDONESIA

30

7

The State of Israel

1.   secondary school qualifications; and

2.   have completed military service or are legally exempt from military service.

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

8

Luxembourg

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

9

Malaysia

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian High Commission

PO Box 10921
Kuala Lumpur, 

MALAYSIA,  50730

Australian High Commission
6 Jalan Yap Kwan Seng
Kuala Lumpur, 

50450, 

MALAYSIA

 

OR

 

Australia VFS Visa Application Centre

Suite 19.06 19th Floor, Wisma MCA

163 Jalan Ampang,

Kuala Lumpur, 

50450, 

MALAYSIA

30

10

People’s Republic of China

 

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

 

Not applicable

 

Application must be

made by appointment

and in person at one of

the following

addresses:

 

Australian Visa

Application Centre –

Beijing

Room D, E, F, G, H, I,

21st Floor

Oriental Kenzo Plaza

No. 48

Dongzhimenwai Street

Dongcheng District,

Beijing,

CHINA 100027

 

OR

 

Australian Visa

Application Centre –

Guangzhou

Unit 02, 29/F
HM Tower,

No. 3, Jinsui Road

Zhujiang New Town,

Tianhe District,

Guangzhou,

CHINA 510623

 

OR

 

Australian Visa

Application Centre –

Shanghai

2nd Floor, Jiushi

Business Building

No. 213 Sichuan

Middle Road,

Huangpu District,

Shanghai,

CHINA 200002

 

OR

 

Australian Visa

Application Centre –

Chengdu

Room 2-2, 2/F,

No. 11-15, Section 4,

South Renmin Road,

Wuhou District,

Chengdu City,

Sichuan Province,

CHINA 610041

 

30

11

Peru

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy

Isidora Goyenechea

3621 Torre – B,
Piso 12

Las Condes

SANTIAGO DE CHILE

Australian Embassy,

Isidora Goyenechea

3621 Torre – B,
Piso 12

Las Condes

SANTIAGO DE CHILE

30

12

Poland

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

13

Portugal

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

14

San Marino

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

15

Singapore

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Not applicable

Application must be made by appointment and in person at the following address:

 

Australian Visa Application Centre – Singapore

135 Cecil Street, #08-01 MYP Plaza,

Singapore 069536

30

16

Slovak Republic

1.   tertiary qualifications; or

2.   has satisfactorily completed at least two years of undergraduate university study

Not applicable

Not applicable

30

17

Slovenia

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study

Australian Embassy

Visa Office

Wallstrasse 76-79

D-10179 Berlin

GERMANY

Not applicable

30

18

Spain

1.   tertiary qualifications; or

2.   has satisfactorily completed at least two years of undergraduate university study.

Not applicable

Not applicable

30

19

Thailand, Kingdom of

Diploma or Degree.

Australian Embassy,

37 South Sathorn Road

Bangkok,  10120, 

THAILAND

Australian Embassy,

37 South Sathorn Road

Bangkok, 10120, THAILAND

30

20

Republic of Turkey

1.   tertiary qualifications; or

2.   has satisfactorily completed at least two years of undergraduate university study

Australian Embassy,

PK 32,
Cankaya 06552
Ankara  TURKEY

 

Australian Embassy, MNG Building
Ugur Mumcu Caddesi 88, 7th Floor
Gaziosmanpasa
Ankara 06700  TURKEY

30

21

United States of America

Secondary school qualifications.

Not applicable

Not applicable

30

22

Uruguay

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study.

Not applicable

Not applicable

30

23

Vietnam

1.   tertiary qualifications; or

2.   has successfully completed at least two years of undergraduate university study

Not applicable

AVAC Visa Application Centre

Gelex Tower

3rd Floor, 52 Le Dai Hanh Street,

Le Dai Hanh Ward,

Hai Ba Trung District,

Ha Noi, VIETNAM

 

OR

 

AVAC Visa Application Centre

5th Floor, Resco Tower, 94-96 Nguyen Du Street

Ben Nghe Ward, District 1

Ho Chi Minh City, VIETNAM

 

OR

 

AVAC Visa Application Centre

6th ACB Building, 218 Bach Dang Street

Phuoc Ninh Ward,

Hai Chau District

Danang City, VIETNAM

 

OR

 

Australian Embassy,

Visa & Immigration Section

Level 1 Australian Embassy

8 Dao Tan Street

Ba Dinh District

Ha Noi, VIETNAM

30


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Migration (IMMI 18/102: Arrangements for Work and Holiday and Working Holiday Visa Applications) Instrument 2018

14 June 2018 (F2018L00773)

1 July 2018 (s 2(1) item 1)

 

Migration (LIN 18/173: Arrangements for Working Holiday Visa Applications) Instrument 2018

30 Oct 2018 (F2018L01507)

Sch 3: 1 Nov 2018 (s 2)


Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2

rep LA s 48D

Part 2

 

s 8

rep F2018L01507

s 9

rep F2018L01507

Schedule 3

rep F2018L01507

Schedule 4

rep F2018L01507

Schedule 5

rep LA s 48C